5 CFR § 2422.27 - How does the Region address determinative challenged ballots and objections?

---
identifier: "/us/cfr/t5/s2422.27"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2422.27 - How does the Region address determinative challenged ballots and objections?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "2422.27"
section_name: "How does the Region address determinative challenged ballots and objections?"
chapter_name: "FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL"
subchapter_number: "C"
subchapter_name: "FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY"
part_number: "2422"
part_name: "REPRESENTATION PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "3 U.S.C. 431; 5 U.S.C. 7134."
regulatory_source: "77 FR 37752, June 25, 2012, unless otherwise noted."
cfr_part: "2422"
---


# 2422.27 How does the Region address determinative challenged ballots and objections?

(a) *Investigation.* The Regional Director investigates objections and/or determinative challenged ballots that are sufficient in number to affect the results of the election.

(b) *Burden of proof.* An objecting party bears the burden of proof on objections by a preponderance of the evidence. However, no party bears the burden of proof on challenged ballots.

(c) *Regional Director action.* After investigation, the Regional Director takes appropriate action consistent with § 2422.30.

(d) *Consolidated hearing on objections and/or determinative challenged ballots and an unfair labor practice hearing.* When appropriate, and under § 2422.33, a Regional Director may consolidate objections and/or determinative challenged ballots with an unfair labor practice hearing. An Administrative Law Judge conducts these consolidated hearings, except the following provisions do not apply:

(1) Sections 2423.18 and 2423.19(j) of this subchapter concerning the burden of proof and settlement conferences are not applicable;

(2) The Administrative Law Judge may not recommend remedial action to be taken or notices to be posted as provided by § 2423.26(a) of this subchapter.

(e) *Party exceptions filed with the Authority.* A party may file exceptions and related submissions with the Authority, and the Authority then issues a decision under part 2423 of this chapter.